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All Journal Al-Insaf - Jurnal Ahwal Al Syakhshiyyah
moh ahsin
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Wasiat Dalam Tinjauan Hukum Islam Dan Hukum Adat moh ahsin
Al-Inṣāf Vol 2 No 1 (2022): Al-Insaf - Jurnal Ahwal Al Syakhshiyyah
Publisher : Prodi Ahwal Al-Syakhsiyyah STAI Imam Syafi'i Cianjur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61610/ash.v2i1.24

Abstract

This article aims to answer questions about: 1) Is there a difference between testamentary law in Islamic law and customary law?, 2) When will the will be carried out in a review of Islamic law and customary law?, 3) Can a will be withdrawn and when will a testamentary gift be deemed invalid ?. The law of origin rather than a sunnah testament, and sometimes it also becomes mandatory, permissible, makruh, unlawful according to the qarinah that affects it. In general, testamentary grants can be withdrawn either according to Islamic law, custom or BW. This is in line with the nature of a testamentary grant which is a final will. So if the bequest is withdrawn by the donor, it is clear that this is not his last wish. In the legal environment of Islamic law, custom, BW) the withdrawal of the inheritance grant can be carried out in two ways: openly (uitdurkkelijk) and secretly (Stilzwijgend) Keywords: Wills, Islamic Law, HKI, Customary Law
KAJIAN DAN TELAAH KRITIS TAFSIR DAN HADITS TENTANG PERCERAIAN moh ahsin
Al-Inṣāf Vol 3 No 2 (2024): Al-Insaf - Jurnal Ahwal Al Syakhshiyyah
Publisher : Prodi Ahwal Al-Syakhsiyyah STAI Imam Syafi'i Cianjur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61610/ash.v3i2.48

Abstract

Divorce is defined as the dissolution of the marital bond between husband and wife by using the word "talak" or its equivalent. In Indonesia, divorce is regulated in Law Number 1 of 1974 concerning Marriage and KHI. In the Qur'an divorce is explained in detail in Surah al-Thalaq. The method used in this research is normative juridical Surat al-Thalaq in general can be classified into several discussions: First, in verse 1 Allah SWT commands husbands who want to divorce their wives to divorce them during a period of chastity and have not been divorced. Allah SWT also calls for calculating the iddah period that his wife must undergo. Then the prohibition for husbands not to expel their wives during the iddah period from their homes or allow them to leave unless there is a clear violation of the law. Secondly, in verse 2, if the wife is nearing the end of the 'iddah period, then reconcile or divorce her in a good way. Then there is an order that in divorce and reconciliation, two witnesses should be present so that there is no dispute in the future.
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